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Ordinance No Filing # 126423891 E-Filed 05/07/2021 05:23:38 PM IN THE DISTRICT COURT OF APPEAL FOR THE FIRST DISTRICT, STATE OF FLORIDA Case No. 1D19-3653 FLORIDA DEPARTMENT OF TRANSPORTATION, Appellant, v. MIAMI-DADE COUNTY EXPRESSWAY AUTHORITY and FLORIDA HOUSE OF REPRESENTATIVES, Appellees. APPENDIX TO APPELLEE MIAMI-DADE COUNTY EXPRESSWAY AUTHORITY’S RESPONSE TO APPELLANT FDOT’S MOTION TO EXPEDITE MDX’S MOTION FOR REHEARING, REHEARING EN BANC, AND CERTIFICATION OF A QUESTION OF GREAT PUBLIC IMPORTANCE, AND FDOT’S MOTION FOR SANCTIONS OR OTHER RELIEF TO ENFORCE THE AUTOMATIC STAY RECEIVED, 05/07/2021 05:24:28 PM, Clerk, First District Court of Appeal INDEX TO APPENDIX Page Document 1-8 May 4, 2021 Memorandum/Ordinance relating to Miami-Dade County Expressway Authority 9-12 May 4, 2021 Miami-Dade Board of County Commissioners Meeting Agenda with Minutes 13 May 4, 2021 Social Equity Statement for Ordinance Relating to Miami- Dade County Expressway Authority 14-15 April 5, 2021 Press Release-FDOT to Host Greater Miami Expressway Authority Public Meeting on April 9, 2021 Respectfully submitted, s/ Glenn Burhans, Jr. Glenn Burhans, Jr. Eugene E. Stearns Florida Bar No. 0605867 Florida Bar No. 0149335 [email protected] [email protected] Kelly O’Keefe Stearns Weaver Miller Florida Bar No. 12718 Weissler [email protected] Alhadeff & Sitterson, P.A. Bridget Smitha Museum Tower Florida Bar No. 0709581 150 W. Flagler St., Suite 2200 [email protected] Miami, Florida 33130 Melanie Leitman Telephone: (305) 789-3200 Florida Bar No. 91523 [email protected] Kirk D. DeLeon Stearns Weaver Miller Florida Bar No. 989959 Weissler [email protected] Alhadeff & Sitterson, P.A. DeLeon & DeLeon Highpoint Center 44 W. Flagler Street 106 E. College Ave. - Suite 700 Suite 2250 Tallahassee, FL 32301 Miami, FL 33130-6819 Telephone: (850) 580-7200 Telephone (305) 374-5494 Counsel for Respondent Miami-Dade County Expressway Authority MEMORANDUM Substitute Agenda Item No. 5(A) TO: Honorable Chairman Jose "Pepe" Diaz DATE: May 4, 2021 and Members, Board of County Commissioners FROM: Geri Bonzon-Keenan SUBJECT: Ordinance relating to the County Attorney Miami-Dade County Expressway Authority; exercising Miami- Dade County’s Home Rule powers preserved within Article VIII, section 6 of the Florida Constitution of 1968 and the Miami-Dade County Home Rule Charter; superseding and nullifying the special act contained in sections 13, 14, 15, 16 and 17 of Chapter 2019-169 of the Laws of Florida; abolishing The Greater Miami Expressway Agency in Miami- Dade County created by such act This substitute differs from the original in that section 5 of the ordinance is amended to set forth that the creditors of the governmental unit that is being abolished are protected by the following: (1) all assets, facilities, tangible and intangible property, liability for any bonds, and any other rights or obligations of the Miami-Dade County Expressway Authority that were transferred to the Greater Miami Expressway Authority under Chapter 2019-169 revert, by operation of law, to the Miami-Dade County Expressway Authority and (2) any additional assets obtained or liability incurred by the Greater Miami Expressway Authority under any apparent authority shall, by operation of law, become the responsibility of the Miami-Dade County Expressway Authority. The accompanying ordinance was prepared and placed on the agenda at the request of Co-Prime Sponsors Commissioner Joe A. Martinez and Chairman Jose "Pepe" Diaz, and Co-Sponsors Commissioner Sally A. Heyman, Commissioner Kionne L. McGhee and Senator Javier D. Souto. _______________________________ Geri Bonzon-Keenan County Attorney GBK/smm 1 MDX Appendix 001 Honorable Chairman Jose "Pepe" Diaz May 4, 2021 and Members, Board of County Commissioners Substitute 5(A) County Attorney 2 MDX Appendix 002 Substitute Approved Mayor Agenda Item No. 5(A) Veto __________ 5-4-21 Override __________ ORDINANCE NO. ORDINANCE RELATING TO THE MIAMI-DADE COUNTY EXPRESSWAY AUTHORITY; EXERCISING MIAMI-DADE COUNTY’S HOME RULE POWERS PRESERVED WITHIN ARTICLE VIII, SECTION 6 OF THE FLORIDA CONSTITUTION OF 1968 AND THE MIAMI-DADE COUNTY HOME RULE CHARTER; SUPERSEDING AND NULLIFYING THE SPECIAL ACT CONTAINED IN SECTIONS 13, 14, 15, 16 AND 17 OF CHAPTER 2019-169 OF THE LAWS OF FLORIDA; ABOLISHING THE GREATER MIAMI EXPRESSWAY AGENCY IN MIAMI-DADE COUNTY CREATED BY SUCH ACT; PROVIDING SEVERABILITY, EXCLUSION FROM THE CODE, AND AN EFFECTIVE DATE WHEREAS, on November 6, 1956, the people of Florida amended the Florida Constitution by adopting Article VIII, Section 11 of the Florida Constitution of 1885, preserved in Article VIII, Section 6 of the Florida Constitution of 1968 (“Home Rule Amendment”), which authorized the people of Miami-Dade County to adopt a home rule charter; and WHEREAS, the Home Rule Amendment provides that, upon the adoption of the Home Rule Charter, the people of Miami-Dade County would have the power, among others, to “abolish ... authorities, boards, or other governmental units whose jurisdiction lies wholly within Dade County, whether such governmental units are created by the Constitution or the Legislature or otherwise...,” and that the Legislature would relinquish its power to enact special laws that apply only to Miami-Dade County; and WHEREAS, on May 21, 1957 the electors of Miami-Dade County adopted a home rule charter (“Miami-Dade County Home Rule Charter”); and 3 MDX Appendix 003 Substitute Agenda Item No. 5(A) Page 2 WHEREAS, pursuant to sections 1.01(A)(11), (19), and (24) of the Miami-Dade County Home Rule Charter, the Board of County Commissioners was granted “the power to carry on a central metropolitan government” including, but not limited to, the authority to abolish special purpose districts and “any county office created by the Legislature” and to “[s]upersede, nullify, or amend any special law applying to this county, or any general law applying only to this county, or any general law where specifically authorized by the Constitution”; and WHEREAS, section 9.04 of the Miami-Dade County Home Rule Charter contains a supremacy clause that provides: A. This Charter and the ordinances adopted hereunder shall in cases of conflict supersede all municipal charters and ordinances, except as herein provided, and where authorized by the Constitution, shall in cases of conflict supersede all special and general laws of the state. B. All other special and general laws and county ordinances and rules, and regulations not inconsistent with this Charter shall continue in effect until they are superseded by ordinance adopted by the board pursuant to this Charter and the Constitution; and WHEREAS, on December 13, 1994, the Miami-Dade County Board of County Commissioners adopted Ordinance 94-215, forming the Dade County Expressway Authority (now known as the Miami-Dade County Expressway Authority) pursuant to the Florida Expressway Authority Act; and WHEREAS, the Florida Expressway Authority Act is a general law which allowed some Florida home rule counties to form agencies of the state known as expressway authorities “to acquire, hold, construct, improve, maintain, operate, and own expressway systems” consisting of state roads; and 4 MDX Appendix 004 Substitute Agenda Item No. 5(A) Page 3 WHEREAS, on May 3, 2019 the Florida Legislature, by sections 13, 14, 15, 16, and 17 of Chapter 2019-169 of the Laws of Florida (the “Greater Miami Expressway Agency Act”), attempted to create the Greater Miami Expressway Agency wholly within Miami-Dade County, abolish the Miami-Dade Expressway Authority, and transfer all the assets, liabilities, and powers from the Miami-Dade Expressway Authority to the new agency; and WHEREAS, the Greater Miami Expressway Agency Act relates exclusively to Miami- Dade County in that it, among things: (1) creates an agency of the state that exists only in Miami- Dade County; (2) restricts the appointment authority of Miami-Dade County and the County’s Transportation Planning Organization by prohibiting them from appointing members of the abolished Miami-Dade County Expressway Authority to the new Agency’s board; (3) requires the governing body of the only agency capable of being created under the act to review the Miami- Dade Expressway Authority’s employees to determine whether those employees will keep their jobs; (4) defines the term “Agency” as only meaning the Greater Miami Expressway Agency; (5) prohibits anyone who has lobbied the Miami-Dade Expressway Authority within the previous four years from serving as an officer of the new agency; (6) prohibits anyone who has been an employee of a person or entity that has done business with the former Miami-Dade County Expressway Authority from serving as an officer of the new agency; (7) imposes restrictions on former officers, employees, or consultants of the Miami-Dade County Expressway Authority; (8) creates a toll rebate program only within Miami-Dade County; (9) transfers the governance and control of the Miami-Dade County Expressway Authority to the Greater Miami Expressway Authority; and (10) dissolves only the Miami-Dade County Expressway Authority and impacts no other expressway authority in Florida; and 5 MDX Appendix 005 Substitute Agenda Item No. 5(A) Page 4 WHEREAS, this Board finds that the Greater Miami Expressway Agency Act only operates in Miami-Dade County and relates exclusively to Miami-Dade County, and is therefore a special law (or a general law applying only in Miami-Dade County) in violation of the Home Rule Amendment to the Florida Constitution; and WHEREAS, this Board finds that the Florida legislature’s attempt to abolish the Miami- Dade County Expressway Authority, create the Greater Miami Expressway Agency, and transfer all the assets, liabilities, and powers from the Miami-Dade Expressway Authority to the new agency is an infringement upon the local home rule authority granted to the people of Miami-Dade County; and WHEREAS, on September 19, 2000, this Board adopted Ordinance No.
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